Dancing with God: The Struggle for Same-Sex Marriage in America
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uch of the debate over gay rights revolves around the question of choice. If it is a choice, then homosexuals do not deserve rights; behavior is not protected under the Constitution. However, if sexuality is a part of our biological identity, like race or gender, then homosexuals deserve the same protection under the law as other groups. Calling homosexuality a behavior comes with a presumption that all homosexuality is about is the act of fornication, negating the element of love. If this were the case, homosexuals would not be fighting
Jonathon Saia for marriage, an institution of affection. As to the element of choice, from personal experience, being gay is far from a choice. Moreover, if one’s sexuality were a decision, then heterosexuality must also be included in this argument. Clearly, some of this logic has seeped into the collective consciousness; the term “sexual preference” has morphed into “sexual orientation,” connoting an inherent biological factor. The “choice,” whichever end of the Kinsey scale you find yourself, is accepting it. The quest for gay rights has been a long and slowly evolving one in America. Jamestown saw the first prosecution
of alleged homosexual acts when Richard Cornish was charged with the rape of a male indentured servant in 1624, a claim that was later rebuked by the victim’s own brother. In 1636, sodomy – the “unnatural” sexual acts of oral and anal sex, derived from the tale of Sodom and Gomorrah in the Bible – was made a crime punishable by death in the Plymouth Colony. In 1641, the Massachusetts’ Body of Liberties used the Letivical law pertaining to homosexuality as grounds for capital punishment. Even our beloved Thomas Jefferson wrote in 1778 in his Bill for Proportioning Crimes and Punishments that “whoever shall be guilty of